The position of the "rule of causation" with other rules in construction crimes

Document Type : Original Article

Authors

1 PhD in Criminology, Kashan University, Kashan, Iran

2 Kashan University

Abstract

One of the things that causes responsibility under the doctrine of causality, is the rule of causality in the law and jurisprudence. This rule also applies to the crimes and violations found in the building and construction.
Sometimes this rule conflicts with other rules in the subject matter. The present study examines the relationship between the rule of causation and its relationship with other rules in construction crimes and with the rules of warning, benevolence, no-harm, waste and deception in a descriptive-analytical method, using library tools with the aim of knowledge raising and awareness. The results of this research are:
If effective warning conditions are observed in the construction industry, the warning rule governs the rule of causation, and also if benefactor has done the conditions of benevolence in the subject under discussion, that is, acting according to the laws and regulations, the rule of benevolence takes precedence. In the no-harm rule, the opposite point of which in the causality is the rule of domination, if the action of the owner is in his favor or the repulsion of the loss from himself, the rule of domination prevails, otherwise the no-harm rule is followed by that domination. The rule of deception does not oppose causation and if there is a deception done, the deceptor or the cause is responsible. If waste is made by mediation, it is causation itself as well. The condition of responsibility in causation, is the fault of cause.

Keywords

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Journal of Studies in Islamic Law & Jurisprudence
Volume 14, Issue 26
March 2022
Pages 225-256

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